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KM Alam & Co. and another Vs. People's Republic of Bangladesh, and others, 2011, 40 CLC (HCD)

....ion (Special Original Jurisdiction) Present: Farid Ahmed J Sheikh Hassan Arif J KM Alam & Co. and another.........................Petitioners Vs. People's Republic of Bangladesh, and others.......Respondents Judgment August 17, 2011. Resul......countant Firms in strict compliance with the provisions of the Public Procurement Rules-2008 after cancelling the disputed one. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 221. ..

Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20

Bangladesh Vs. Nazirul Hoq, 2011, 40 CLC (AD)

.... Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Bangladesh repre­sented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, P.S.- Ramna, Dhaka and others……&hellip....... No.1681 of 2010 is condoned. Let the C. P. No.1681 of 2010 be tagged with the appeal which arises out of C. P. No.2050 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 206. ..

Category: Property Law | Date: 25 Jul, 2011 | Hits: 83

Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....maintain­ability of a writ petition in presence of alterna­tive remedy, in Mujibur Rahman Vs. Bangladesh, 44 DLR (AD) 111, it has been argued by Mustafa Kamal, J. that a person in the service of Republic who intends to invoke fundamental rights for challenging the vires of a law may seek his r......lusion one way or the other. The Supreme Court set-aside the judgment of the High Court and directed the investigating agency to proceed with the inves­tigation. 42.  The Supreme Court of Pakistan and' this Division took similar views. In Government of Bangladesh Vs. AT Mridha, 26 DLR ..

Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39

Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)

.... In the result, this appeal is disposed of. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ...... of instead of 0.7187 acres to defendant Nos.4-8 and defendant Nos.9-10 making sale of non-exist­ing property. 6. Plaintiff's case in nutshell is that the suit land was originally belonged to Pakistan Tobacco Company Ltd. After liberation of Bangladesh as per provision of President Order No..

Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6

Human Rights and Peace for Bangladesh Vs. Bangladesh, 2011, 40 CLC (HCD)

....in the petition are really of distraught nature. The picture as projected, which we can judicial notice of, is gruesomely gloomy indeed. 13. Pitiable though, reality has it that ecology of the Republic as a whole is on the verge of total annihilation, some unscrupulous people being bent to t......resent high volume of cases, it is not possible on their part to bear the cost of the cases filed as public interest litigation. Ed. This Case is also Reported in:    ..

Category: Environmental Law | Date: 1 Jun, 2011 | Hits: 37

BGP Inc., China National Petroleum Corporation Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....Mohammad Ashraf Uddin Bhuiyan-For the respondent No.6. Writ Petition No.2005 of 2011. Judgment Farah Mahbub J. - In this Rule, issued under Article 102 of the Constitution of the People’s Republic of Bangladesh, the respondents have been called upon to show cause as to why the decision......nse to the notification dated 17.09.2009. The EOI was, in fact, submitted by the BGP (Bangladesh) International without any signature and address stating, inter alia, that it was submitted by BGP (Pakistan) International and that “BGP(Pakistan) International was responsible to receive and prep..

Category: Civil Law | Date: 29 May, 2011 | Hits: 21

Monzur Ahmed Bhuiyan & others Vs. Adilur Rahman Khan and others, 2011, 40 CLC (AD)

....োদিত তথ্য প্রকাশ অধ্যাদেশ, ২০০৮, (Ordinance No.XXVII of 2008), before the High Court Division under Article 102 of the Constitution of the People's Republic of Bangladesh in Writ Petition No. 6488 of 2008. 2. The High Court Division after hear......sp;   Result: The Petition is dismissed Cases Referred to- Governor-General's Reference No.1 of 1955, 7 DLR (FC) 395; Sindh High Court Bar Association Vs. Federation of Pakistan, PLD 2009 SC 879; Re Governor-General's Reference of 1955, VII DLR 1955 (FC) 395. Lawy..

Category: Constitutional Law | Date: 16 May, 2011 | Hits: 267

Major (Retd.) Rafiq Hasan Faruq Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....r, Advocate - For the petitioner. Md. Faruk Hossain, Advocate - For the respondent No.3. Writ Petition No. 4213 of 2010. (An application under Article 102 of the Constitution of the People's Republic of Bangladesh.) Judgment Md. Abu Zafor Siddique J. - On an application filed under A...... order as to cost. The office is directed to communicate the Judgment at once to the concerned executing Court (Respondant No. 3). Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 281. ..

Category: Banking Law | Date: 16 May, 2011 | Hits: 179

S.M. Humayun Kabir Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....nt Attorney General-For the Respondent-Government. Writ Petition No. 4717 of 2010 Judgment Farah Mahbub J. -  In this Rule under Article 102 of the Constitution of the People’s Republic of Bangladesh the respondents have been called upon to show cause as to why the impugned o...... have been passed without lawful authority and hence, is of no legal effect. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: 15 May, 2011 | Hits: 22

Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)

....ation of tanks which are likely to interfere with the planning of certain areas of the country and the Act of 1953 was promulgated for the development, improvement and expansion of the capital of the Republic by opening up congested areas, laying out or altering streets, providing open spaces for pu...... any order as to costs with the above observations. This judgment would govern both the appeals. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 1, 17 BLC (AD) (2012) 14, VIII ADC (2011) 879. ..

Category: Property Law | Date: 15 May, 2011 | Hits: 100

Mohammad Tayeeb and another Vs. Government of the People’s Republic of Bangladesh (Fatwa Judgment), 2011, 40 CLC (AD)

....il Appeal No.593 of 2001) Moulana Abul Kalam Azad…………………Appellant (In Civil Appeal No.594 of 2001) Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Religious Affairs and others&helli......cise their discretion. 44. A formal application, however, must be supported by an affidavit. The letters, post-cards, telegrams were all treated as applications by the Supreme Court of India and Pakistan. None of those are supported by any affidavit as required by the concerned Rules. As such, ..

Category: Civil Law | Date: 12 May, 2011 | Hits: 34

Kyung Hae Maritime Co. Ltd. and others Vs. M.V. BF Glory and others, 2011, 40 CLC (HCD)

....ed in: ......No.19 of 2009 M/S. Kysco Shipping Co. Ltd. and also against the BF. Shipping Limited in Admiralty Suit No. 27 of 2009 and Admiralty Suit No. 28 of 2009. Ed. This Case is also Reported in: ..

Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70

Kartic Das Gupta Vs. Election Commission of Bangladesh and others, 2011, 40 CLC (AD)

....tion it appears that the petitioner filed the writ petition as pub­lic interest litigation, but we find no infringement of any fundamental right guaranteed by the Constitution of the People's Republic of Bangladesh or any other vested legal rights affecting the peo­ple at large or a sect......we find no merit in the sub­missions of Mr. Ahsanul Karim. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 578, 19 BLC (AD) (2014) 113. ..

Category: Election Law | Date: 3 Apr, 2011 | Hits: 168

Md. Zaved Khan Vs. Anti Corruption Commission and others, 2011, 40 CLC (HCD)

....nwarul Haque J.- Let the supplementary affidavit shall part of the main petition. 2. One Md. Zaved Khan has filed this appli­cation under Article 102(2)(a)(ii) of the Constitution of the People's Republic of Bangladesh challenging the legality of the order dated 6-7-2010 in Permission Petition N......vided by law referred to above. So we are not ready to entertain the writ petition. Hence the application is summarily reject­ed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 221. ..

Category: Criminal Law | Date: 22 Mar, 2011 | Hits: 75

GK Brothers and another Vs. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)

....ght for a declaration for making the force of the Appellate Division's judg­ment inoperative. He further submitted that the suit is barred under Article 111 of the constitution of the peoples Republic of Bangladesh. He further submitted that the earlier suit was for Specific Performance of C...... land in favour of appel­lants through court. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 543 ..

Category: Civil Law, Procedural Law | Date: 20 Mar, 2011 | Hits: 2

Chunnu Vs. State, 2011, 40 CLC (HCD)

....icting and sentencing the Appellants. In the result, both the appeals are dismissed. Send down the lower Court record. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 127 ......e decisions cited by the learned DAG, particularly the case of Hazrat Ali Vs. State, 1984 BLD 257. In the said case their Lord­ships in paragraph 18 quoted a very eloquent obser­vation of the Pakistan Supreme Court in Md. Abdur Rahim Mondol Vs. State, 29 DLR (SC) 246, which is re-quoted belo..

Category: Procedural Law | Date: 15 Mar, 2011 | Hits: 6

Anwarul Alam (Md.) Vs. Pubali Bank Ltd and others, 2011, 40 CLC (HCD)

.... The Rule is discharged. Cases Referred to- MH Chowdhury Vs. GM, Titas Gas Transmission and Distribution Co. Ltd. 1981 BLD (AD) 61; Bajya Vs. Smt Gopikabai, AIR 1978 (SC) 793; People's Republic of Bangladesh, represented by the Deputy Commissioner Dhaka Vs. Md. Alauddin alias Alauddin......son who is, for the time being, in the service of the Republic or of any Corporation, nation­alized enterprise or local authority or who, on the basis of having at any time been in the service of Pakistan, purports to claim any right to employment in the service of the Republic, but does not inc..

Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2011 | Hits: 3

Professor Muhammad Yunus Vs. Bangladesh, 2011, 40 CLC (HCD)

....moy Chakma, Deputy Attorney General - for the respondents. Writ Petition No. 1890 of 2011. An application under Article 102(2) (a) read with Article 44 of the Constitution of the People’s Republic of Bangladesh. Order The petitioner, Professor Muhammad Yunus has preferred the i......er, there would be no order as to costs. Md. Mamtazuddin Ahmed J. – I Agree. Gobinda Chandra Tagore J. – I Agree. Ed. This Case is also Reported in: 63 DLR (2011) (HCD) 260. ..

Category: Banking Law | Date: 8 Mar, 2011 | Hits: 438

Hussain Fabrics Ltd. Represented by its Managing Director and another Vs. Haji Momena Khatun and others, 2011, 40 CLC (AD)

.... 31-5-2010 passed by the High Court Division in FA No.216 of 2007) Judgment Md. Muzammel Hossain J. - This petition for leave to appeal under Article 103 of the Constitution of People's Republic of Bangladesh is directed against the judgment and decree dated 31-5-2010 passed by the Hig......be encouraged and power to admit additional evidence should be sparingly used. What the limitations are-have also been pointed out in the same judgment referring to a decision of the Supreme Court of Pakistan in Muhammad Siddiq Muhammad Umar Vs. Australasia Bank Ltd, PLD 1966 SC 684, wherein it was ..

Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5

Jamiul Hossain Vs. Government of Bangladesh & Others, 2011, 40 CLC (HCD)

....s.1 & 2. Writ Petition No.3609 of 2002. Judgment Md. Nazrul Islam Talukder J.- This Rule Nisi was issued on an application under Article 102(2)(a)(ii) of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause as to why the order under Memo No.......surveys, Tejgaon, Dhaka and others, 11 MLR (HC) (2006) 226; Md. Aftab Ali Sheikh Vs. Director Land Records, Directorate of Land Records and Survey and others, 11 MLR (HC) (2006) 226; Province of East Pakistan Vs. Kshiti Dhar, 16 DLR (1964) (SC) 457; New India Tea Company Ltd. Vs. Bangladesh and othe..

Category: Constitutional Law | Date: 15 Feb, 2011 | Hits: 176